Way back 15 days ago this thread spun.
The TRLN document "Intellectual Property Rights Strategy for
Digitization of Modern Manuscript Collections and Archival Record
Groups" [1] is highly relevant and aggressive. Also the membership of
the Association of Southeastern Research Libraries (ASERL) recently
voted unanimously to support the document.
[1] http://www.trln.org/IPRights.pdf
--Jimmy
On 1/5/2012 10:40 AM, Jimmy Ghaphery wrote:
While the Capture and Release report [1] seems relevant it is a little
different to me than digitized collections published by libraries. I
think it is incumbent on libraries to state use restrictions and
copyright status on the collections they digitize. I also think we need
to be bold in exercising fair use and public domain provisions.
Copyright law is meant to cut both ways as a protection for authors and
as a public good. If we shy away from this exercise at the risk of
lawsuits, we potentially lose more than just the ability to release any
one specific collection.
[1] http://www.oclc.org/research/publications/library/2010/2010-05.pdf
--Jimmy
--
Jimmy Ghaphery
Head, Library Information Systems
VCU Libraries
http://www.library.vcu.edu
--
On 1/5/2012 9:37 AM, LeVan,Ralph wrote:
If I understand what you are asking, about what we tell our patrons
about what they can do with our images...
One of the most important principles of rights law (that I have learned
in the past 4 years) is that it is not the librarians' responsibility to
advise patrons on the law about what they can and cannot do with images.
In fact, it is not advised that we do that at all.
This was a shocker to me when Peter Hirtle reviewed the Capture and
Release report. The less said the less the risk to the institution.
Jen
-----Original Message-----
From: Erway,Ricky
Sent: Wednesday, January 04, 2012 2:24 PM
To: LeVan,Ralph; OPORS
Subject: RE: institutional fair use policies for digitized image
collections
The Well-Intentioned Practice document!
http://www.oclc.org/research/activities/rights/practice.pdf
While focused on collections of unpublished works (which often have
complex or unknowable rights status), a lot of it is good advice for any
collection (and it has lots of backing and support,
http://www.oclc.org/research/activities/rights/support.htm).
-----Original Message-----
From: LeVan,Ralph
Sent: Wednesday, January 04, 2012 11:03 AM
To: OPORS
Subject: FW: institutional fair use policies for digitized image
collections
I remember the report telling collecting institutions to go ahead and
put their stuff online. But, what advice did we give them on their
patrons' rights?
Ralph
-----Original Message-----
From: Code for Libraries [mailto:[email protected]] On Behalf Of
Derek Merleaux
Sent: Wednesday, January 04, 2012 1:39 PM
To: [email protected]
Subject: institutional fair use policies for digitized image collections
I'm working with some folks at my institution to open up policy on
fair use and online digital collections. Our counsel has made it clear
that we'll see more success if we can point to examples from other
large digital collections. A lot of surveying of copyright and TOS
pages from many online collections has given me a good general idea
what collection posters are telling their patrons about fair use, but
I need some examples of what administrators are telling the collection
posters about what they can and can't claim (esp. in regards to
collections open to the world that may contain large numbers of orphan
works). It does seem clear that many have decided that a
low-resolution digital image of a collection item (even if that item
might be in copyright) is ok w/in the spirit of fair use if it's
clearly posted for educational purposes. I just need some
documentation of that policy.
What I'm hoping to find is documentation (internal or otherwise) that
basically states, "we think it's legally ok (for fair use or other
reasons) to post online a digitized image of a collection object even
if there's a chance that object is under copyright protection."
If there is any chance you could point me in the direction of such
documentation or someone who would know how to locate it I would be
much obliged.
Derek Merleaux
